Pennsylvania HB 1464: An Act amending Title 26 (Eminent Domain) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.

Bill Text

PRINTER'S NO. 1724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1464
Session of
2025
INTRODUCED BY PROBST, HILL-EVANS, PIELLI, GIRAL, BOROWSKI,
WARREN AND CEPEDA-FREYTIZ, MAY 14, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 14, 2025
AN ACT
Amending Title 26 (Eminent Domain) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in procedure to condemn, providing
for advanced notice to condemnee, further providing for
notice to condemnee and for preliminary objections and
providing for determination of last resort; in procedure for
determining damages, further providing for liens and
distribution of damages; in just compensation and measure of
damages, further providing for measure of damages and
providing for compensation for loss of goodwill of business
or farm operation; and, in evidence, providing for proof of
continuous ownership.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "comparable replacement
dwelling" in section 103 of Title 26 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding definitions to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have the meanings given to them in this
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section unless the context clearly indicates otherwise:
* * *
"Comparable replacement dwelling." A dwelling that is:
(1) Decent, safe and sanitary.
(2) Adequate in size to accommodate the occupants.
(3) Within the financial means of the displaced person.
(4) Functionally equivalent.
(5) In an area not subject to unreasonable adverse
environmental conditions.
(6) In a location generally not less desirable than the
location of the displaced person's dwelling with respect to
public utilities, facilities, services and the displaced
person's place of employment.
(7) Within the same school district as the condemned
dwelling if any of the occupants in the condemned dwelling is
a child that, at the time of condemnation, attends a school
within the school district in which the condemned dwelling is
located.
* * *
"Continuous ownership." A continuous and unbroken chain of
ownership of a property by a condemnee and the family of the
condemnee as provided under section 1107 (relating to proof of
continuous ownership).
* * *
"Marginalized community." A group of people who experience
social, economic or political exclusion or discrimination based
on characteristics such as race, ethnicity, gender, sexual
orientation, socioeconomic status, disability or religion.
* * *
"Replacement value." A valuation completed by an impartial
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expert appraiser that is calculated as the summation of the
following:
(1) The fair market value of the land as if the land was
vacant.
(2) The cost of replacing or duplicating existing
structures on the land, including machinery, equipment or
fixtures, adjusting for depreciation.
* * *
Section 2. Title 26 is amended by adding a section to read:
§ 304.1. Advanced notice to condemnee.
(a) Written advanced notice.--Within 30 days prior to the
filing of a declaration of taking, the acquiring agency shall
provide written notice to a proposed condemnee, mortgagee of
record and lienholder of record.
(b) Service.--The advanced notice shall be served in the
same manner as required for the notice under section 305(b)
(relating to notice to condemnee).
(c) Contents.--The advanced notice shall include:
(1) The name of the proposed condemnee to whom the
proposed condemnation is directed.
(2) A statement that the acquiring agency intends to
file a declaration of taking for the acquisition of the
proposed condemnee's property no less than 30 days from the
date of the advanced notice.
(3) The name, address and contact information, including
a telephone number and email address, at which a
representative of the acquiring agency can be reached.
(4) A statement that the proposed condemnee's property
or portion of the property may be condemned for the purposes
of the acquiring agency's program or project.
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(5) A brief description of the purpose of the proposed
condemnation, including the acquiring agency's proposed
project.
(6) A brief description of the condemnation process in
this Commonwealth, including all of the following:
(i) What eminent domain is.
(ii) The rights of a condemnee under law, including
the right to hire a lawyer to help guide the condemnee
through the condemnation process.
(iii) How just compensation is determined and made
or secured under the laws of this Commonwealth.
(iv) That the use of eminent domai